Respondent appeared at the hearings and filed an answer to the formal complaint. The hearing panel found that respondent had committed professional misconduct during his tenure as a Wayne County Circuit Judge, when he engaged in an extra-marital affair with a litigant in a child-support case assigned to his courtroom; communicated with the litigant and presided over various aspects ofthe case during the course of his affair; and failed to recuse himself for several months. The panel also determined that respondent presided over a case involving a relative of the litigant with whom he was having the affair, and that he conferred with her before issuing a bond reduction in the matter. The panel further determined that respondent made false and misleading statements and representations to the Wayne County Prosecutor and the Judicial Tenure Commission relating to his actions in those two cases.

The hearing panel found that respondent’s conduct was prejudicial to the proper administration of justice, in violation of MCR 9.104(1); exposed the legal profession or the courts to obloquy, contempt, censure, or reproach, in violation of MCR 9.104(2); was contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.104(3); violated the standards or rules of professional conduct adopted by the Supreme Court, in violation of MCR 9.104(4); and, knowingly misrepresented any facts or circumstances surrounding a request for investigation or complaint, in violation of MCR 9.104(5). The panel further found that respondent violated or attempted to violate the Rules of Professional Conduct, knowingly assisted or induced another to do so, or do so through the acts of another, in violation of MRPC 8.4(a); engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b); and, engaged in conduct that is prejudicial to the administration of justice, in violation of MRPC 8.4(c).

Abovethelaw had this (illustrated) story on the misconduct.

I am saddened in part for the impact this situation has on the memory of his father – former federal circuit court judge and United States Solicitor General Wade McCree.

One of the great thrills of my life was arguing a case in the Supreme Court againstGeneral McCree in 1977. One of the great gentlemen I ever encountered in my life. I still have and cherish the note he wrote me after the argument. (Mike Frisch)